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Pearl Wilson, Lawyer's Assistant
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You
I co-signed on an auto loan (before even saying it, Lesson learned!) and the person has missed payments which obviously affects my good credit. I'm the primary on the loan. I need to know what my rights are in the State of California as far as taking the car back should this person miss another payment.
JA: What state is this in? And how old is the car?
Customer: California and it's a 2016 leased vehicle that is one year old. There are 2 years left on the lease
JA: Has anything been filed or reported?
Customer: In what sense?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Ford Credit has reported 4 late payments in the last 6 months great
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Answered in 19 minutes by:
9/22/2017
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,159
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Are you listed on the title in any way?

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Customer reply replied 2 months ago
the title reads: "Lee A Mc or MC"

If your name is ***** ***** title as an "or" owner then you each have an equal right to the vehicle. You have a couple of options.

You can "repo" the car but that does nothing to remove the other name from the title and at some point you have to remedy that. If the other person has made payments then they have a better "equitable" title than you would, plus they can "repo" the car from you if they get the chance. Sooner or later this ends up causing issues, usually because some property or someone is hurt when a repo is taking place.

The other, and better, choice is to have a local lawyer file a lawsuit for you seeking to have the vehicle turned over to you since the other person has missed payments. You could also request that they be ordered to turn the vehicle over if they are late again, or you could even ask that the court order them to pay you by a certain date each month so that you can then be sure the note is paid.

You could also ask that the court award you the attorney's fees you had to pay for this.

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Customer reply replied 2 months ago
Thank you for your quick response. Can you tell me what type of an attorney would be able to handle this type of case should I want to issue her a court order to pay by a certain date each month?

The best would be a lawyer who does civil litigation. They are used to handling a lot of different kinds of cases. This one shouldn't be particularly difficult but the hard part is figuring out what the judge is willing to award and then crafting the order so it is enforceable.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,159
Experience: Began practicing law in 1992
Verified
Dwayne B. and 87 other Legal Specialists are ready to help you
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If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,159
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Experience: Began practicing law in 1992

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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